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The Court of Appeal dismissed a motion to stay a judgment pending appeal, finding no reasonable apprehension of bias in the judge's amended reasons.
The appellants, The Bank of New York Mellon Corporation and CIBC Mellon Global Securities Services Company, sought an order staying a lower court judgment pending appeal.
They argued that the application judge's amendments to his reasons for judgment created a reasonable apprehension of bias.
The motion judge, Lauwers J.A., dismissed the motion, finding that the appellants failed to demonstrate a real likelihood or probability of bias.
The court applied the three-part test for a stay (serious issue, irreparable harm, balance of convenience) and the overarching interests of justice, concluding that a stay was not warranted.
Leave was granted to file a Supplementary Notice of Appeal.
